St. Louis Personal Injury Attorneys FAQ

Should I Pursue Other Driver In Car Accident Case?

Q. My husband and I were in a car accident back at the end of June. A man entered an intersection without yielding to stopped traffic at about 50+mph and hit the front end of my car. My husband and I, who were 7 months pregnant at the time, were taken to the hospital via ambulance. My husband was diagnosed with minor injuries; I and the baby were luckily unscathed. The other driver was deemed at fault and had to report for a court appearance where he only had to pay a small fine for the accident, which totaled my car. My husband also lost a week's worth of work due to being on narcotic pain medication. Since then I've had to pay a deductible for collision and purchase a new car, and I'm still waiting to see if his insurance (state minimums) will reimburse me. Should I pursue this?

A. You and your husband have suffered damages as a result of this accident should pursue compensation from the ‘at fault’ driver and or his insurance. You both have a right to recover for your medical expenses, lost wages and pain and suffering from this accident. If the other driver doesn't have insurance you can make a claim under your uninsured motorist (UM) policy. You also need to consider the health of your unborn child and should not sign anything until your child is born and you know there are no injuries.


Friend Wrecked My Motorcycle I Had No Insurance On It Yet. Are There Any Actions I Can Take To Make Sure He Pays For The Damages?

Q. I recently got a motorcycle and i hadn’t gotten insurance on it yet and my buddy wrecked it he was at fault in the accident as well and he doesn’t think he has to cover the damages done to the bike which was totaled.

A. Your friend is legally and morally obligated to pay for the damages to your motorcycle. He was driving so he should of had insurance to pay for the damages. If he doesn't agree to pay you a reasonable amount for your loss you should take him to court. Any person or business with a civil claim that does not exceed $5,000.00 may bring a suit in small claims court. The $5,000.00 limit does not include court costs and interest on the $5,000.00 which the judge may award you. You may still file a claim if the amount exceeds $5,000.00. However, if you choose to do this, you give up your right to claim any amount exceeding $5,000.00.


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